Case Detail

FOIA Project Annotation: Judge Amy Jackson Berman has ruled that the FDIC properly invoked Exemption 6 (invasion of privacy) to protect personal information about candidates interviewed by for the Corporate Employee Program. Brian Neary, a disappointed applicant, asked the agency for records identifying the names, addresses, and dates interviewed of all applicants for the CEP recruitment events so that he could identify people for a class-action EEOC complaint alleging age discrimination. The agency told Neary the records were categorically exempt. Neary appealed, arguing that the agency was infringing on his freedom of speech and willfully preventing him from identifying members for a class-action complaint. The agency rejected Neary's arguments and he filed suit. Berman rejected Neary's claims as well. Agreeing that the personnel information was projected by Exemption 6, she noted that "indeed 'courts generally recognize the sensitivity of information contained in personnel-related files and have accorded protection to the personal details of a federal employee's service.' There is no reason why the same reasoning would not apply to information about job applicants maintained in an agency's personnel files." Neary's intention to use the information in an EEOC complaint was inadequate to establish a public interest favoring disclosure. Berman indicated that "plaintiff maintains that disclosure of the requested information would permit him to establish the 'numerosity' requirement of his purported class action complaint before the EEOC. But plaintiff's interest in gathering information for use in civil litigation he seeks to initiate is not sufficient to give rise to a public need for the information, as 'FOIA was not intended to be a discovery tool for civil plaintiffs.'" Neary suggested the agency could send the data directly to EEOC. But Berman pointed out that "the Court cannot act as a conduit or a depository of records as plaintiff proposes because its jurisdiction under FOIA is limited to" ordering disclosure of records that are improperly withheld. She also rejected his claim that because the names of interviewees were available on a list posted at the FDIC during the recruitment event they had been publicly disclosed. Berman observed that "third-party information contained in listsâ€"such as those offered hereâ€"created for use at a job recruitment event while 'technically public may be practically obscure. . .[and] an individual's privacy interest in limiting disclosure or dissemination of information does not disappear just because it was once publicly released.'"
Issues: Exemption 6 - Personnel, medical, similar file, Public domain

Date Filed	Doc #	Docket Text
2014-07-11	1	COMPLAINT against FEDERAL DEPOSIT INSURANCE COMPANY (Filing fee $ 0.00) filed by BRIAN NEARY. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 07/14/2014)
2014-07-11		SUMMONS (3) Issued as to FEDERAL DEPOSIT INSURANCE COMPANY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 07/14/2014)
2014-07-11	2	MOTION for Leave to Proceed in forma pauperis by BRIAN NEARY (jf, ) (Entered: 07/14/2014)
2014-07-11		FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of cots GRANTED" Signed by Judge Gladys Kessler on 07/09/2014. (jf, ) (Entered: 07/14/2014)
2014-07-25	3	SUPPLEMENTAL Exhibit to re 1 Complaint filed by BRIAN NEARY."Leave to file GRANTED. File as Supplemental Exhibit to Complaint" by Judge Amy Berman Jackson (rdj) (Entered: 07/28/2014)
2014-07-28		MINUTE ORDER. While the Court appreciates plaintiff's effort to comply with the July 11, 2014 letter from the clerk's office instructing that communications with the Court should include the case's civil action number and initials of the judge assigned to the case, the Court directs plaintiff's attention to Local Civil Rule 5.1, which requires documents to be filed as pleadings on the docket. Future submissions to the Court must be filed on the docket as pleadings in compliance with the local rules and not mailed to the judge directly. Signed by Judge Amy Berman Jackson on 7/28/14. (DMK) (Entered: 07/28/2014)
2014-07-31	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/22/2014. Answer due for ALL FEDERAL DEFENDANTS by 8/21/2014. (jf, ) (Entered: 08/01/2014)
2014-08-07	5	LEAVE TO FILE DENIED- This document is unavailable as the Court denied its filing.."Leave to filed denied. Per minute order dated 07/28/2014, Plaintiff should not correspond with the court directly. A complaint has been filed and unless plaintiff seeking to amend his complaint, the next pleading due in this case will be one from the defendant. Signed by Judge Amy Berman Jackson on 08/06/2014. (jf, ) (Entered: 08/07/2014)
2014-08-14	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/06/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL DEPOSIT INSURANCE COMPANY served on 8/12/2014 (jf, ) (Entered: 08/14/2014)
2014-08-20	7	ANSWER to 1 Complaint by FEDERAL DEPOSIT INSURANCE COMPANY.(Kurtenbach, Daniel) (Entered: 08/20/2014)
2014-08-20	8	ORDER that defendant file on or before September 17, 2014 a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff. See Order for details. Signed by Judge Amy Berman Jackson on 8/20/14.(DMK) (Entered: 08/20/2014)
2014-08-21		Set/Reset Deadlines: Defendant's Dispositive Motion or, in the alternative, a report setting forth the schedule for production of documents to plaintiff is due by 9/17/2014. (jth) (Entered: 08/21/2014)
2014-09-17	9	MOTION for Summary Judgment by FEDERAL DEPOSIT INSURANCE COMPANY (Attachments: # 1 Declaration of Hugo A. Zia, # 2 Exhibit A to Zia Decl., # 3 Exhibit B to Zia Decl., # 4 Exhibit C to Zia Decl., # 5 Exhibit D to Zia Decl., # 6 Exhibit E to Zia Decl., # 7 Exhibit F to Zia Decl., # 8 Text of Proposed Order)(Nicely, Andrew) (Entered: 09/17/2014)
2014-09-17	10	MEMORANDUM re 9 MOTION for Summary Judgment filed by FEDERAL DEPOSIT INSURANCE COMPANY by FEDERAL DEPOSIT INSURANCE COMPANY. (Nicely, Andrew) (Entered: 09/17/2014)
2014-09-18	11	Order advising plaintiff to respond by October 30, 2014, to defendant's summary judgment motion or risk entry of judgment for the defendant on what will be treated as a conceded motion (see attached order for details). Signed by Judge Amy Berman Jackson on 9/18/14.(ah) (Entered: 09/18/2014)
2014-09-19		Set/Reset Deadlines: Pro Se Plaintiff's Response to Defendant's Motion for Summary Judgment is due by 10/30/2014. (jth) (Entered: 09/19/2014)
2014-09-29	12	Memorandum in opposition to re 9 MOTION for Summary Judgment filed by BRIAN NEARY. (jf, ) (Entered: 09/30/2014)
2014-10-08	13	REPLY to opposition to motion re 9 MOTION for Summary Judgment filed by FEDERAL DEPOSIT INSURANCE COMPANY. (Nicely, Andrew) (Entered: 10/08/2014)
2015-01-08	14	NOTICE by BRIAN NEARY (jf, ) (Entered: 01/12/2015)
2015-05-19	15	ORDER granting 9 Defendant's Motion for Summary Judgment and entering judgment for the Defendant, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Amy Berman Jackson on 5/19/15.(ah) (Entered: 05/19/2015)
2015-05-19	16	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Amy Berman Jackson on 5/19/15.(ah) (Entered: 05/19/2015)
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